A MOTHER facing the loss of the family home after transferring it to her son “for love and affection” to raise funds for the family building company, which later collapsed, has settled her High Court action over the transfer.
Rosaleen Rogers had claimed the transfer of the house at Bancroft Crescent, Tallaght, Dublin, to her son Paul was to have been for one year only, but he had failed to return it, and she also alleged breach of duty by solicitor Fiona Murray, who drew up the transfer documents.
The court heard just €2,300 was owed on the mortgage when the house, then valued at €350,000, was transferred in 2002, but it could now be exposed to claims of more than €660,000.
The potential claims arise from Paul Rogers’s failure to make repayments on a €225,000 Educational Building Society loan secured on the property after transfer, while ACC Bank has also secured judgment for more than €440,000 against Paul Rogers and his father Patrick over the debts of the family building company, Barnroe Ltd.
No terms of settlement of the action were disclosed yesterday and the only order made in the case was for Ms Rogers’s costs to be paid by Ms Murray, and for a lis pendens (claim or charge) over the property to be vacated.
Paul Rogers, who the court heard is unwell with bipolar disorder, never defended the proceedings, while Ms Rogers’s claims against the EBS were dismissed on Friday last on grounds no case had been made out against the building society.
The settlement was announced yesterday by Sara Moorehead, for Ms Rogers, to Mr Justice Michael Hanna, who on Friday had adjourned the action while Ms Murray was being cross-examined after saying the case had reached a certain stage and the sides should carefully consider their positions.
When told of the settlement yesterday, the judge remarked the sides had been “magisterially advised” by their lawyers.
